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tv   Legal View With Ashleigh Banfield  CNN  October 28, 2013 8:00am-9:01am PDT

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releases a burst of aroma. you can choose from bacon, coffee, cinnamon rolls. scores of other scents. the key is the pod of fragrance that plugs into the headphone jack. i don't know if i want to be smelling my iphone any time soon. but that will do it for us today. "legal view" with ashleigh banfield starts right now. word today that the nsa tapped the phones of not one, but 35 world leaders. and new revelations, what the white house supposedly did and did not know about it. also this hour, chris brown arrested again. accused of punching a fan and charged with assault. and yes, he is still on probation for roughing up
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rihanna. and they squeezed through a maintenance patch above the shower, made their way along the jail's plumbing and air conditioning system and broke through a concrete wall and walked out right out of an unlocked door. armed and dangerous, still on the run this hour. hello, everyone. i'm ashleigh banfield. it's monday, october 28th. welcome to "legal view." you do not need to eavesdrop to know that the -- the allies are sounding off this morning. in just a few moments, the british prime minister is due to face parliament. you know how those sessions can get. this morning the u.s. ambassador to spain was called if for dressing down the spanish foreign minister. the spanish newspaper is reporting that the nsa collect locations durations for 60
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million phone calls in spain for just a single month. last month they say it intercepted 70 million calls in france. but while the friend overseas is complaining, the head of the intelligence committee says the civilized world should be thanking the nsa. >> how damaging is it for the german chancellor or the french president to know that we've been keyed into their phone calls? >> well, i think the bigger news story here would be if the united states intelligence services weren't trying to collect information that would protect u.s. interests body home and abroad. >> and this is where i bring in cnn's foreign affairs reporter who has been working the phones on this. let's start with the other big bombshell headline. and that was from the weekend. the "the wall street journal" erroring that the president only learned this summer, just this summer, that we've been tapping the phones of about 35 world leaders. that doesn't sound like it's
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possible. what is the white house saying? >> reporter: well, the white house is not saying anything specifically about the "the wall street journal" report. but as you know over the weekend, they denied that the president knew anything about specifically about the tapping of german chancellor angela merkel's phone. now it's true it doesn't seem like the president would not know if the u.s. was spying on the personal calls of world leaders. what officials are saying is that, listen, there are a lot of nsa programs, the president wouldn't be briefed on all of them. but this does seem to rise to another level of whether the president knew. if the president didn't know, that means for last five years the u.s. has been spying, if this report from the "the wall street journal" is true, about 35 world leaders and the president knew nothing about it. >> so other than making very loud complaints known in the media, both domestically on
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their side and internationally for us to hear as well, are the allies doing anything else in a concrete way? >> reporter: there's a lot of activity going on. you have german intelligence officials come back later this week to washington. they want answers. they're meeting with people in washington. they want assurances that it isn't going to happen again. as you said, the ambassadors u.s. ambassadors to spain and france were called in. they want clarification about all of these reports that are coming out at such a furious pace. and then on a larger scale, you have brazil, who is also been shocked by these revelations about surveillance, about the president there. and germany, talking about an n u.n. resolution on privacy issues. everybody is shocked and wants answers. >> the phones continue to ring.
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thank you for that. and keep us up to speed on exactly what you find out. i want to bring in christiane amanpour who is standing by in london. it's very different to hear the reports overseas as opposed to hearing them here. and many people come out to say, when mike rogers suggests get over it, everyone does this, it would be different if the president of the united states has his cell phone tapped. is it the embarrass of all of this? what exactly is it that's causing the biggest problem overseas? >> there's a couple of things. when the snowed den revelations first hit many months ago now, there was immediate backlash. most especially in germany. they're very sensitive. particularly because of their history, they had east germany, the communist government, which were in their business the whole time.
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so this will effect on ordinary germans. and german politicians know that and they know that they have to maintain and sort of cater to that sort of angry public opinion. and that has shownist in france as well and will do in spain, and to an extent here in great britain. but so you've got very angry publics. you also have amongst leader who basically clearly know that this is part of state craft, part of the other way around diplomacy, part of everyday government to government life, spying happens all the time, so they know that. but what also is happening right now, there seems to be a deficit of good will towards the united states around the world, particularly amongst its allies. why? because under the obama administration, there's been a perception of the u.s. pulling back from a lot of the heavy lifting that it's done over the
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many years on behalf of europe over the years. and so they're saying. hang on a second. the u.s. is pulling back. it's not doing the kinds of things that is used to do. and by the way, it's still spying on us. so all of that together is creating this very visceral backlash on the streets europe. >> and i want to ask you, bob behr was on the air a little earlier. and he said, this is the kind of damage that will actually cost us lives. it was a very strie dent statement to make. but effectively, what he was sailing we've crossed the line so badly that the relationship will be repaired in terms of cooperation and -- are you getting that sense as well? that maybe they won't work so hard with us next time around? >> it's difficult to pass that. and he would know a lot more than i do about that particular stuff.
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spying is not just about terrorism, it's about trade and all sorts of competitive endeavors as well. but certainly there is a feeling that the modalities of conducting foreign policy and that kind of business are changing since the nsa revelations. particularly since snowden's revelations. there's much less reliance on what people used to do to get information than there was before these revelations. one thing that's being suggested is let's put on ice the euus trade discussions and all of that. now, on the more life and death issues, such as terror, there are, for instance, in britain, the prime minister has been saying, listen, much of -- you know, rather than attacking our what he called brave spies and people who are actually, you
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know, gathering intelligence, we should be thanking them for keeping us safe. so there is a real sort of dilemma about the quality of what's being leaked. what are the really important things that many governments feel that they absolutely need to be able to do in a certain amount of secrecy in order to protect lives and protect against attacks. >> and since you mentioned it, we should let our viewers know, that in about 21 minutes from now, david cameron is going to make live are he marks. >> reporter: i'm going to be talking to glen greenwald who has been the main conduit for snowden. >> thank you for that. excellent work as always. i want to switch gears for a moment. and that is because if you have tried to do any online health insurance shopping today or even yesterday, here is a really good bet, you haven't gotten too far. it probably sounds like old news.
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but last night the obama care website, healthcare.gov just plain crashed. the apply online function is still down at this hour. and here is an update. there have been a lot of terms used to describe what's going on with that website and whether this is a glitch or a disaster. i'm not sure which. but it effectively shut everyone, 100% of anyone who wants to get in, cannot. >> i'm not sure that it's 100%. i logged in about an hour ago and i was able to access my application. i didn't try to do anything. but then my producer logged in a little while after that, and he got that "our system is down" full screen. he got that. but i actually did manage to log in. so go figure. you know, it seems like we're seeing yet more spottiness on healthcare.gov where you just never know what's going to happen. sometimes i log in easily, and sometimes i can't get anywhere.
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and it seems like this is exacerbating the problem. one of the private companies that healthcare.gov works with had this network failure. >> and last night it was like zero entry. maybe -- they've been furiously trying to repair this. so maybe that is sketchy this morning. here is the other issue. you know, absent being able to get online and do your shopping, you're being referred to an 800 number. can they deal with that, good old-fashioned of phone systems. >> i called that number and within minutes, you know, two minutes or so, i was able to get on. and i got on very quickly with an operator. that part works. you can only go so far with the number is what i'm hearing. they maybe able to do an application for you, but they can't tell you about all of the policies available to you. so eventually you're going to either have to go online or do snail mail. i was talking to a woman who was
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drying to get this policy options by snail mail, and she said, when am i going to see them? and the operator said, i don't know. and she said, why don't you know? and she said, we're not the ones sending them out to you. you can only get so far with an operator and not complete the entire process. >> just ahead, police searching for escaped inmates. how they got away seems like something you've seen in a hollywood movie before. if that's what you're thinking, you're right. only problem is, they're not actors. they're armed and dangerous. wa, we got a subaru. it's where she said her first word. (little girl) no! saw her first day of school. (little girl) bye bye! made a best friend forever. the back seat of my subaru is where she grew up. what? (announcer) the two-thousand-fourteen subaru forester. (girl) what? (announcer) built to be there for your family.
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like it's right out of the shawshank redemption, ininmates found an escape through a hatch in the shower. george howell takes us through their bold breakout. >> a desperate certainly is under way this morning for four inmates after that i bold escape sunday morning from this detention center in oklahoma about an hour outside of oklahoma city. their names, dillon three irons, prime brown, anthony mendonsa, christian cheatle. >> any time they break out of prison, you're going to say they're ding russ. we're not for sure they are. you got to think they might be. we know they wasn't when they left. but we don't know what they picked up after. >> reporter: each man was on criminal charges ranging from
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burglary, to meth possession, and parole violation. it reads like a film script. officials say the men busted through a maintenance hatch above the shower in the jail. they crawled through a pipe space beneath the roof where the air conditioning and plumbing are located. then they knocked out a cement block to get to another room and took them directly to an unlocked side door which they pushed open to their freedom. >> we got officers checking all the abandoned vehicles and checking residents where they may have relatives living. >> reporter: he says authorities only realized the escape after they were tipped off by someone who saw the inmates walking near the -- still wearing the orange jumpsuits. >> we immediately started a head count on our prisoners and found that we had four missing. >> the men later ditched the
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jump sites but still no sign of the escape es. and that has residents here worried. >> hope they're not at my house when i get back. i'm a gun owner, i've been all my life. >> and george howell is live. what are you learning about the escape? >> ashleigh, we now know that a contractor who is part of the firm that built this detention center is here to help, you know, figure out the mystery of how this happened. i want to bring in the sheriff who joins me. sheriff, can you talk to me about what you're learning so far about the people who seemed to slip through the cracks and actually walk through the door to get out? >> when they got into the pipe run up above the ceiling, they crawled as far as they could. they come to an existing wall. when they broke through the wall, they came down into the room where the pipe goes down. that's not part of the closed in area of the detention center and it has a door that automatically has to open because of the stuff
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that's in it when they get out. >> so a design flaw? yes? >> yes -- no, no. by code, they said this has to be that way for anybody in there that caught working in there. there's a lot of high pressure and gas. they've got to be able to get out. it's automatic, you have to go out. >> and again we understand that the investigation continues. the search for these men, the sheriff's office obviously asks if you have any information to contact them to help track these men down. >> i think that design flaw might have been in the hatch in the shower, george. i don't know about you. but there's some design flaw there if four guys walked out of there without a problem. george howell life for us. i want to move on now to jury selection underway in a high profile hacking case in london. two former editors of rupert mer dock's now defunct newspaper are on trial for conspiring to
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illegally access fois mails on phones belonging to politicians, celebrities and victims of crime. these people deny that they did those things. a state fair ride operator has been charged in north carolina after several people were hurt on one of the rides there. the witnesses say the vortex suddenly restarted just as people were trying to get off of the ride on thursday night. and some people ended up falling up to 20 feet. investigators say they found that that ride had been tampered with. the operator named tim any tutterrow is now facing charges of assault. a funeral is being held this morning for massachusetts teacher colleen ritzer who was allegedly killed by a student last week. hundreds of people turned out for a viewing last night in her hometown of andover. a 14-year-old boy, a student has
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been charged in her death. his mother said over the weekend, that her heart breaks for the teacher's family. rap star chris brown is currently on probation for his assault on rihanna, his ex-girlfriend. but he could be going to jail after yet another run-in with the law. this one, violent. going to get the legal view, next. [ nurse ] i'm a hospice nurse.
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some more trouble for chris brown to tell you about this morning. that singer is scheduled to be in a courtroom in washington,
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d.c. in just a couple of hours from now, in fact. he was busted over the weekend for allegedly attacking a man outside of a hotel. police arrested chris brown and his bodyguard early on sunday morning. they were returning to the hotel after attending an event at howard university. 20-year-old isaac parker claims that both men punched him in the face after he jumped into a photo that was being taken with a female fan. the felony assault arrest could have serious legal ramifications for that popular singer. brown is already on probation for the attack on girlfriend back in 2009 rihanna. our panel is here today. danny, let me begin with you. i kind of felt like this wasn't the first brush with the law
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since the rihanna incidents. there have been at least one, two, three. i thought prowags was probation. you mess up, you go in. that's not the case. >> it's not the case always. probation is not always -- it's what we call a technical violation when you pick up a new arrest as he did here. but when that happens, the probation department can choose to have you brought before a judge or not choose to have you brought before a judge. it's a case by case basis. when you are on probation, just the mere new arrest, not whether or not you are convicted, the mere new arrest itself may violate the terms of the probation and that may trigger a hearing before the original judge who may be none too happy that you are back in his other her court. and at that hearing, the government doesn't need to prove beyond a reasonable doubt. this is separate from from a trial. you agreed to go into probation. you have to comply with the
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terms. you can think of 51% likely that you did the deed and therefore violated probation. >> heather, as i look back, much of the violations happened all within this year. there was a charge that he didn't finish the community service. he assaulted and injured a woman nay nightclub. that he did a hit and run while driving and drove without a license. the hit and run charge was dropped, not necessarily the license. he got more hours in the community service. and they had ha run in and was sued for assault and battery. and now that we have this incident, is this going to be the tipping point? is this going to send the scales into prison time for chris brown? >> it very well may. as danny said, not only is he facing the violation of the probation, but he's facing the charges in washington, d.c., which is a different jurisdiction. he's he's convicted there, he
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maybe more likely to serve time. we've talked about before in california the prisons are overkroutded. in washington, d.c., he's fiesing a different court system and very likely to serve time if these are sustained. >> just ahead, a florida teen accused of bullying rebecca sej quick w i can, she jumped to her death, the young girl, rebecca sedgwicken, and now one of her attorneys, jose bias is speaking out and saying her client is just a child herself and doesn't want the system to bully her. he's joining me next. baron of the build-out. you need a permit... to be this awesome. and you...rent from national. because only national lets you choose any car in the aisle...
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bullying ending in suicide maybe starting to sound all too familiar. but in florida, there's a potentially precedent setting twist. felony charges for two young girls not even old enough to drive. the victim, rebecca sedgwick was 12-year-old when she jumped to her death after investigators say she had been relentlessly bullied online. these two girls are now facing felony charges of aggravating stalking. shaw entered a not guilty plead. romans is being represented by jose baez. jose, thanks for being with us. i just want to start off with the comments that you made recently in the press about your client. they sort of riled the sheriff in the case. you said that kaitlyn is not what her mug shot or the
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headlines portray her to be, she's a child and i'm not going to allow the system to bully her. and i wonder if you think that language is appropriate given the fact that we have a dead child who was bullied. >> this is a tragedy all the way around. and what i'm trying to do and what our firm is trying to do is to make sure that this isn't compounded. the death of rebecca is a horrible, who ib tragedy. and i don't think the answer is locking up a 12-year-old child, throwing her out of school, and then going around on national television with her mug shot and things like that, especially since there isn't and there doesn't appear to be any evidence that my client specifically had -- is responsible for the death of rebecca. you know, there's nothing worse that you can do than tell someone you're responsible for the death of your former friend. and i think it's extremely
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traumatizing for this young girl and i'm concerned about it. >> it seems like some of the public comments that you've been making since you took on this reputation that perhaps your defense is to shift more of the blame towards the 14-year-old, shaw. and in this, i'm wondering if your client has made any overtures towards rebecca's family, apologizing or taking any responsibility for what happened directly to rebecca's family? >> first of all, my client has done nothing but express tremendous remorse from the very beginning. she, in fact, went to the vigil and actually went to rebecca's home. she was very concerned. she was very sorry for the fact that they had gotten into a school yard fight a year prior. and they had a falling out in their friendship. >> did she go to the home since the suicide? >> yes. she did. she -- >> has she spoken with the parents since the suicide?
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>> absolutely. absolutely. so, you know, this is a situation where you have two different girls and they're being lumped together. and all of the comments that have been made in the media as to their online bullying and their actions are none of which kaitlyn is responsible for. those comments are made by shaw. now, i'm not shifting the blame to shaw. we just want to make sure that those people's actions, the specific person who had this online activity should be responsible for their actions and not for those of someone else. >> thank you for joining me. i appreciate your perspective today. we'll continue to follow the case and speak with you again about this. in the meantime, the sheriff in this case said that he would charge the parents if he could. but there were no obvious charges that exist in the statute. cnn's legal analyst mark o'mara wanted to change that.
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and in fact, you have drafted real legislation, you have history in your experience and background of drafting legislation. and you've done this. you've drafted legislation that you think could be precedent setting in terms of how parents need to be responsible not only if they're bullying but also if they're children are going to be bullied. can you give me a synopsis? >> through a nonprofit we have we've done basically a bill that first identifies and defines what bullying is and cyberbullying. we are trying to make it illegal. we will address an issue called revenge porn which is out in california. but most controversial, i guess, is that we're as s also saying if the parents of people who are bullying are negligent in watching over their kid's
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internet presence that they can be responsible from a as well. >> what is reasonable to expect of parents to today who are so incredibly busy, many two income households, two working parents, you know social networking devices that are as small as a credit card, what's reasonable in terms of asking parents to be on top of everything that their kids are doing? >> first of all, parents have to be responsible for what their kids do. it used to be, you can't let them near the guns, you can't let them near the car. you have to make sure they get to school. we have a brand new environment, the digital world, and unfortunately kids are getting into a lot of trouble there. what's reasonable is this. it's not that we're looking to hold parents responsible for one tweet or status update. but if in fact the parents are what we cull kulpaably negligent
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and that is a concept in the law that if you're truly acting without any reasonable care whatsoever with the kids, if you are negligent in surprising your children and they do something that gets them in trouble, causes trouble, even injury or a death, then you can be held responsible. and i do believe it will pass constitutional muster. but we have kids causing the death of other kids and we cannot ignore that as parents or as a society. >> i sense that the most controversial will be holding accountable the parents who end up victimized. we'll definite talk more about at another time as well. thanks for joining us. >> great, ashleigh. >> high-end department stores under fire today for profiling shoppers and some black customers are coming forward saying that they were questioned by police right after they made expensive about ofs.
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is there legal recourse? and how is rapper jay-z involved in all of this? that's coming up next. the recent increase in cafeteria prices is not cool. when you vote for flo, we'll have discounts. ice-cream discounts. multi-cookie discounts. pizza loyalty discounts! [ kids chanting "flo!" ] i also have some great ideas on car insurance. [ silence ]
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two major department stores are under fire this morning accused of racially profiling shoppers who bought expensive items. one of the stores is barneys and the other store is macy's. and now there is a petition calling for rapper jay-z to break up a. that he has with barneys. he's remained relatively quiet about the claims until now. national correspondent joins me live now. get me up to speed on all of this. >> first of all, went to say
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jay-z was wanting to find out the circumstances. he's collaborating with barneys, set to come out at christmas. all of fts proceeds or going to chairfy. what happened was two african-americans in separate incidences were stopped by security officers. and in each case they were accused of using fake or fraud atlanta credit cards. he was forced to respond and couldn't understand why he was being demonized. and i should a statement, saying, quote, i'm against discrimination of any time. if i make snap judgments, aren't i committing the same sin. macy's accusing officers of racially profiling the shoppers there as well. >> get me up to speed on the two cases in question. where do they stand? >> the first was a woman who
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brought a $2500 handbag with a credit card. she went to the register, showed her i.d. and walked out the store and stopped by four officers who actually checked the debt card and had the gall to ask her how she got the money to afford to pay for such a bag. and she described it as being attacked and suing the store for $5 million in punitive damages. >> i had good intentions and bought my favorite bag. i nt with aed this bag and i deserved this bag. and then to find out, you know, i'm being accused of using someone else's card. i just really felt demeaned. >> and the other person who was stopped was a 19-year-old college student. he bought an expensive belt. he had seen it worn by a rap are and wanted it. and he said officers were basically alerted and once think stopped him they asked him also
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how he was able to afford it. again, also macy's and hbo actor robert brown said he was stopped after making a legitimate purchase. in his case, he was accused of using a phony card. he was detained in a holding cell. and another man stepped forward just this morning. it seems to be a apparent now under investigation. >> what about the stores, what are they saying publicly? >> barneys apologized. they say they have zero tolerance for discrimination. macy's issued a much shorter statement. they said that they're investigating but they don't comment on matters in litigation. and that's because the actor has filed a lawsuit for unspecified damages against the nypd. >> thank you for that. appreciate. coming up. what if this happens to you? what are your rights? do you have any rights? and what about the whole $5
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million suit? our legal panel is going to take up this case next. i didn't want nicotine to give up nicotine. [ male announcer ] along with support, chantix (varenicline) is proven to help people quit smoking. [ mike ] when i was taking the chantix, it reduced the urge to smoke. [ male announcer ] some people had changes in behavior, thinking or mood, hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix. if you notice any of these, stop taking chantix and call your doctor right away. tell your doctor about any history of depression or other mental health problems, which could get worse while taking chantix. don't take chantix if you've had a serious allergic or skin reaction to it. if you develop these, stop taking chantix and see your doctor right away as some can be life-threatening. tell your doctor if you have a history of heart or blood vessel problems, or if you develop new or worse symptoms. get medical help right away if you have symptoms of a heart attack or stroke. use caution when driving or operating machinery. common side effects include nausea, trouble sleeping and unusual dreams. it feels wonderful. i don't smoke. i don't smoke.
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back to our story about barney's and macy's digging out from under a barrage of criticism after claims shoppers were racially profiled after buying expensive items like $2500 purse, a $349 designerer ferragamo belt. want to bring back defense
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attorney danny cevallos and heather hansen, criminal defense attorney. heather, is there any case that can be made in terms of defense from these stores that these were young people, aged 19, aged 21, and in the case of the hbo actor 29 but could look fairly young that young people can't typically afford almost a $3,000 handbag, is that the kind of defense they would mount or is it way too difficult to battle this. >> that would be a difficult defense. the better defense is whether or not they had policies in place how they're supposed to check identification. barney's has said they didn't do anything with regard to after the say and that it was the police department that actually stepped in and pursued that young gentleman. so there's going to be some sort of a conflict here i think between the police and barney's, and that may be part of their defense to say we weren't the ones that did this. it was the nypd. and they'll respond and say the same thing. >> one of the allegations from at least one of these three is that it came after a phone call
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from the store. and that they were actually stopped outside the store by the nypd. so if a phone call is made, is that in itself the offense or does there have to be the policy? >> this is such an important issue with these cases. in many of these cases the first contact is not made by the police but a team of private security forces hired by macy's or any store called lpos, loss prevention officers. their job is to walk around and profile the heck out of everybody. why? because they can. the constitution doesn't apply to them the way it would a police officer in measuring whether or not they have enough reasonable suspicion to make an initial contact. a terry stop to stop and question a suspect. these private loss prevention officers run around essentially unfettered by really any rules, and they're paid to be suspicious. so when they make a call often the police simply adopt that suspicion that's been raised and
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then they stop, question and detain. on some level, the police are relying on information from these loss prevention officers from the store itself. >> all right. well, certainly it is not a good pr issue for either of those stores with regard to what's been going on. danny, heather, thank you both. see you soon. coming up, dr. conrad murray got plenty of attention when he went into jail. but this morning, it was a private motorcade that drove him away in the dark. the man convicted in the death of michael jackson is now a free man after serving just about half of his sentence. his lawyer is going to join me next on ""legal view.""
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it. a small majority don't. my client received the maximum term possible. this is a man that had no prior record. he had 20 years of exemplary service as a physician. he was given the maximum term. he served every possible day. they didn't let him out a minute early. >> that was hard to hear because there were a lot of hecklers at that vet late news conference. hecklers upset because conrad murray is now a free man after being released overmight in los angeles. you'll remember that a jury found murray guilty in 2011 of causing michael jackson's death. he served nearly two years of a four-year sentence for involuntary manslaughter. now that he's out, murray would like to get this medical license back. the woman you just heard is conrad murray's attorney, valerie wass joins me live now. thanks for being with me. how is it he got out so soon? >> well, he served every day that he was required to serve.
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he was entitled one day of custody credit for each day that he actually served. so he couldn't have served any more than he did. >> and i know he's appealing this conviction, but in the interrelationship, it's fascinating to a lot of people that dr. murray would like to get his medical license back. i just want to read for you, i know you've probably heard it, but for the viewers what the superior court judge actually said during the sentencing. dr. murray created a set of circumstances and became involved in a cycle of horrible medicine, engaged in a recurring continuous pattern of deceit, of lies and regrettably that pattern was to assist dr. murray. jackson died not because of an isolated one off occurrence or incident, he died because of a totality of circumstances which are direct litany tribtable to dr. murray because of a series of decisions that he made. does dr. murray actually think with words like that on record that he could ever get his license to practice medicine back? >> well, that was the comment of
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judge pastor. that was one individual. and i was at the sentencing hearing. and i believe that that statement was orchestrated for a live television audience. he was quite harsh. i disagree with his per. >> understandably you disagree but it's record and it would come up in any hearing because it's the judge who originally would hear the application to get a medical license back and dr. murray would have to be cross-examined which means his orders would be on the record and they could come into any appeal. don't you find this a very trickoff wicket to be in? >> gosh, that's a hard question because a medical board proceeding is an administrative hearing, not a court proceeding. and the sentencing, what happened at the sentencing isn't evidence. that was just the judge's commentary. the medical board proceeding looks at what occurred and we believe that the evidence does not support what the prosecution
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contended and that he was not on a propofol drip. i strongly disagree with judge pastor's take on the situation. >> i want to ask you quickly, your client appeared on anderson cooper in april and sang a song about a little boy. i think we have video we can just show while i'm asking you this question. it struck of as very odd. we'll listen to a little bit of it ♪ he's a little boy that santa claus forgot ♪ ♪ and goodness knows he did not want a lot ♪ ♪ he wrote a note to san tan for some crayons ♪ >> i think when we listen to that, the question has to be, valerie, does he have the mental fortitude to practice medicine? what's his mental state like at this time? >> i believe he does have the mental fortitude to practice medicine. he's -- i talked to him about 3:00 a.m. this morning. he was he was elated to be out. he's -- i've talked to him,
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spent many, many hours talking to him during his incarceration. i believe he's perfectly capable of practicing medicine. just because he sang that song doesn't mean he's an adequate doctor. >> we'd like to continue this as it progresses through the system. we invite to you come back at another time. thank you for being with us. >> thank you. >> and thank you, everyone, for watching. i'm flat out of time. "around the world" starts right "around the world" starts right now. -- captions by vitac -- www.vitac.com we begin this hour at fbi headquarters in washington. president obama set to speak at the installation ceremony for the bureau's new director james kommy. >> set to happen any moment now, and of course, we are not going to miss a minute of it bringing it to you live as soon as it begins. i'm suzanne malveaux. this is around the world on cnn. >> i'm michael holmes. we're goto

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